§ 122C-142.1. Substance abuse services for those convicted of driving while impaired or driving while less than 21 years old after consuming alcohol or drugs. - North Carolina Statutes

§ 122C‑142.1.  Substanceabuse services for those convicted of driving while impaired or driving whileless than 21 years old after consuming alcohol or drugs.

(a)        Services. – An areaauthority shall provide, directly or by contract, the substance abuse servicesneeded by a person to obtain a certificate of completion required under G.S. 20‑17.6as a condition for the restoration of a drivers license. A person may obtainthe required services from an area facility, from a private facility authorizedby the Department to provide this service, or, with the approval of theDepartment, from an agency that is located in another state.

(a1)      Authorization of aPrivate Facility Provider. – The Department shall authorize a private facilitylocated in this State to provide substance abuse services needed by a person toobtain a certificate of completion if the private facility complies with all ofthe requirements of this subsection:

(1)        Notifies both thedesignated area facility for the catchment area in which it is located and theDepartment of its intent to provide the services.

(2)        Agrees to complywith the laws and rules concerning these services that apply to areafacilities.

(3)        Pays the Departmentthe applicable fee for authorizing and monitoring the services of the facility.The initial fee is payable at the time the facility notifies the Department ofits intent to provide the services and by July 1 of each year thereafter.Collected fees shall be used by the Division for program monitoring and qualityassurance. The applicable fee is based upon the number of assessments completedduring the prior fiscal year as set forth below:

Numberof Assessments                             Fee Amount

                                                 0‑24                                              $250.00

                                                25‑99                                             $500.00

                                           100or more                                        $750.00.

(b)        Assessments. – Toconduct a substance abuse assessment, a facility shall give a client astandardized test approved by the Department to determine chemical dependencyand shall conduct a clinical interview with the client. Based on theassessment, the facility shall recommend that the client either attend analcohol and drug education traffic (ADET) school or obtain treatment. Arecommendation shall be reviewed and signed by a certified alcoholism, drugabuse, or substance abuse counselor, as defined by the Commission, a CertifiedSubstance Abuse Counselor, or by a physician certified by the American Societyof Addiction Medicine (ASAM). The signature on the recommendation shall be thepersonal signature of the individual authorized to review the recommendationand not the signature of his or her agent. The signature shall reflect that theauthorized individual has personally reviewed the recommendation and, with fullknowledge of the contents of the recommendation, approved of the recommendedtreatment.

(b1)      Persons Authorizedto Conduct Assessments. – The following individuals are authorized to conduct asubstance abuse assessment under subsection (b) of this section:

(1)        A CertifiedSubstance Abuse Counselor (CSAC), as defined by the Commission.

(2)        A Licensed ClinicalAddiction Specialist (LCAS), as defined by the Commission.

(3)        Repealed by SessionLaws 2004‑197, s. 2, effective October 1, 2008, and applicable tosubstance abuse assessments conducted on or after that date.

(4)        A person licensed bythe North Carolina Medical Board or the North Carolina Psychology Board.

(5)        A physiciancertified by the American Society of Addiction Medicine (ASAM).

(c)        School orTreatment. – Attendance at an ADET school is required if none of the followingapplies and completion of a treatment program is required if any of thefollowing applies:

(1)        The person took achemical test at the time of the offense that caused the person's license to berevoked and the test revealed that the person had an alcohol concentration atany relevant time after driving of at least 0.15.

(2)        The person has aprior conviction of an offense involving impaired driving.

(3)        The substance abuseassessment identifies a substance abuse disability.

(d)        Standards. – AnADET school shall offer the curriculum established by the Commission and shallcomply with the rules adopted by the Commission. A substance abuse treatmentprogram offered to a person who needs the program to obtain a certificate ofcompletion shall comply with the rules adopted by the Commission.

(d1)      Persons Authorizedto Provide Instruction. – Beginning January 1, 2009, individuals who provideADET school instruction as a Department‑authorized ADETS instructor musthave at least one of the following qualifications:

(1)        A CertifiedSubstance Abuse Counselor (CSAC), as defined by the Commission.

(2)        A Licensed ClinicalAddictions Specialist (LCAS), as defined by the Commission.

(3)        A CertifiedSubstance Abuse Prevention Consultant (CSAPC), as defined by the Commission.

(e)        Certificate ofCompletion. – Any facility that issues a certificate of completion shallforward the original certificate of completion to the Department. TheDepartment shall review the certificate of completion for accuracy andcompleteness. If the Department finds the certificate of completion to beaccurate and complete, the Department shall forward it to the Division of MotorVehicles of the Department of Transportation. If the Department finds thecertificate of completion is not accurate or complete, the Department shallreturn the certificate of completion to the area facility for appropriateaction.

(f)         (See note forexpiration date) Fees. – A person who has a substance abuse assessmentconducted for the purpose of obtaining a certificate of completion shall pay tothe assessing agency a fee of one hundred dollars ($100). A person shall pay toa treatment facility or school a fee of seventy‑five dollars ($75.00). Ifthe defendant is treated by an area mental health facility, G.S. 122C‑146applies after receipt of the seventy‑five dollar ($75.00) fee.

A facility that provides to aperson who is required to obtain a certificate of completion a substance abuseassessment, an ADET school, or a substance abuse treatment program may requirethe person to pay a fee required by this subsection before it issues a certificateof completion. As stated in G.S. 122C‑146, however, an area facility maynot deny a service to a person because the person is unable to pay.

An area facility shall remitto the Department five percent (5%) of each fee paid to the area facility underthis subsection by a person who attends an ADET school conducted by the areafacility. The Department may use amounts remitted to it under this subsectiononly to support, evaluate, and administer ADET schools.

(f)         (See note foreffective date) Fees. – A person who has a substance abuse assessmentconducted for the purpose of obtaining a certificate of completion shall pay tothe assessing agency a fee of one hundred dollars ($100). A person shall pay toa school a fee of one hundred sixty dollars ($160.00). A person shall pay to atreatment facility a fee of seventy‑five dollars ($75.00). If thedefendant is treated by an area mental health facility, G.S. 122C‑146applies after receipt of the seventy‑five dollar ($75.00) fee.

A facility that provides to aperson who is required to obtain a certificate of completion a substance abuseassessment, an ADET school, or a substance abuse treatment program may requirethe person to pay a fee required by this subsection before it issues acertificate of completion. As stated in G.S. 122C‑146, however, an areafacility may not deny a service to a person because the person is unable topay.

A facility shall remit to theDepartment ten percent (10%) of each fee paid to the facility under thissubsection by a person who attends an ADET school conducted by the facility.The Department may use amounts remitted to it under this subsection only tosupport, evaluate, and administer ADET schools.

(f1)       MultipleAssessments. – If a person has more than one offense for which a certificate ofcompletion is required under G.S. 20‑17.6, the person shall pay theassessment fee required under subsection (f) of this section for eachcertificate of completion required. However, the facility shall conduct onlyone substance abuse assessment and recommend only one ADET school or treatmentprogram for all certificates of completion required at that time, and theperson shall pay the fee required under subsection (f) of this section for onlyone school or treatment program.

If any of the criteria insubdivisions (c)(1), (c)(2), or (c)(3) of this section are present in any ofthe offenses for which the person needs a certificate of completion, completionof a treatment program shall be required pursuant to subsection (c) of thissection.

The provisions of thissubsection do not apply to subsequent assessments performed after a certificateof completion has already been issued for a previous assessment.

(g)        Out‑of‑StateServices. – A person may obtain a substance abuse service needed to obtain acertificate of completion from a provider located in another state if theservice offered by that provider is substantially similar to the serviceoffered by a provider located in this State. A person who obtains a servicefrom a provider located in another state is responsible for paying any feesimposed by the provider.

(h)        Rules. – TheCommission may adopt rules to implement this section. In developing rules fordetermining when a person needs to be placed in a substance abuse treatmentprogram, the Commission shall consider diagnostic criteria such as thosecontained in the most recent revision of the Diagnostic and Statistical Manualor used by the American Society of Addiction Medicine (ASAM).

(i)         Report. – TheDepartment shall submit an annual report on substance abuse assessments to theJoint Legislative Commission on Governmental Operations. The report is due byFebruary 1. Each facility that provides services needed by a person to obtain acertificate of completion shall file an annual report with the Department byOctober 1 that contains the information the Department needs to compile thereport the Department is required to submit under this section.

The report submitted to theJoint Legislative Commission on Governmental Operations shall include all ofthe following information and any other information requested by thatCommission:

(1)        The number ofpersons required to obtain a certificate of completion during the previousfiscal year as a condition of restoring the person's drivers license under G.S.20‑17.6.

(2)        The number ofsubstance abuse assessments conducted during the previous fiscal year for thepurpose of obtaining a certificate of completion.

(3)        Of the number ofassessments reported under subdivision (2) of this subsection, the numberrecommending attendance at an ADET school, the number recommending treatment,and, for those recommending treatment, the level of treatment recommended.

(4)        Of the number ofpersons recommended for an ADET school or treatment under subdivision (3) ofthis subsection, the number who completed the school or treatment.

(5)        The number ofsubstance abuse assessments conducted by each facility and, of theseassessments, the number that recommended attendance at an ADET school and thenumber that recommended treatment.

(6)        The fees paid to afacility for providing services for persons to obtain a certificate ofcompletion and the facility's costs in providing those services.

(j)         The Departmentshall establish an outcomes evaluation study on the effectiveness of substanceabuse services provided to persons who obtain a certificate of completion underG.S. 20‑17.6 as a condition for restoration of a drivers license. Thefindings of the study shall be reported every two years to the JointLegislative Commission on Governmental Operations. The Department shall submitan initial report on the findings of the study to the Commission no later thanDecember 31, 2007, and shall submit a report to the Commission every two yearsfollowing that date.  (1995, c. 496, ss. 10, 13; 2001‑370, s. 9; 2003‑396, ss.1, 3, 4; 2004‑197, ss. 1, 2, 3; 2005‑312, ss. 1, 2, 4; 2008‑130,ss. 7, 8.)